Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 1 of 8 PageID #: 3793
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`YYZ, LLC,
`
`Plaintiff,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`
`Defendant.
`
`YYZ, LLC,
`
`Plaintiff,
`
`V.
`
`ADOBE SYSTEMS, INC.,
`
`Defendant.
`
`YYZ, LLC,
`
`Plaintiff,
`
`v.
`
`PEGASYSTEMS, INC.,
`
`Defendant.
`
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`Civ. No. 13-136-SLR
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`Civ. No. 13-579-SLR
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`Civ. No. 13-581-SLR
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`MEMORANDUM ORDER
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`At Wilmington this ~ay of December, 2014, having heard argument on, and
`
`having reviewed the papers submitted in connection with, the parties' proposed claim
`
`construction;
`
`IT IS ORDERED that the disputed claim language of U.S. Patent Nos. 7,603,674
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`HP_1034_0001
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`YYZ, LLC,
`
`Plaintiff,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`
`Defendant.
`
`YYZ, LLC,
`
`Plaintiff,
`
`V.
`
`ADOBE SYSTEMS, INC.,
`
`Defendant.
`
`YYZ, LLC,
`
`Plaintiff,
`
`v.
`
`PEGASYSTEMS, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
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`)
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`)
`)
`)
`)
`)
`
`Civ. No. 13-136-SLR
`
`Civ. No. 13-579-SLR
`
`Civ. No. 13-581-SLR
`
`MEMORANDUM ORDER
`
`At Wilmington this ~ay of December, 2014, having heard argument on, and
`
`having reviewed the papers submitted in connection with, the parties' proposed claim
`
`construction;
`
`IT IS ORDERED that the disputed claim language of U.S. Patent Nos. 7,603,674
`
`HP_1034_0001
`
`
`
`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 2 of 8 PageID #: 3794
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`("the '674 patent") and 7,062,749 ("the '749 patent") shall be construed consistent with
`
`the tenets of claim construction set forth by the United States Court of Appeals for the
`
`Federal Circuit in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), as follows:
`
`1. "Asynchronous messaging environment:" 1 "A computer-based
`
`environment in which data is transmitted through messages (instead of large files)
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`without prior coordination between communication end points." The specification
`
`describes the invention as "relat[ing] to computer-based apparatus and
`
`systems for measuring, monitoring, tracking and simulating enterprise communications
`
`and processes in an asynchronous messaging environment." (1:17-20}2 To distinguish
`
`an asynchronous messaging environment from a synchronous one, the specification
`
`explains that
`
`enterprise communications were formerly primarily synchronous, or
`connection oriented, in which a connection is established with prior
`coordination between communication end points with data then being
`transmitted over the connection. Enterprise communications are now
`increasingly asynchronous, or connectionless, transmitting data without
`prior coordination between communication end points, such as through
`"event based" communications which use messages to move data instead
`of large files.
`
`(1 :48-57)
`
`2. "Process:" 3 "Business operation." The specification explains that "[t]he
`
`1Claims 1, 46, 51 and 70 of the '674 patent and claims 1, 22, 55, and 56 of the
`'7 49 patent.
`
`2As the '67 4 and '7 49 specifications are substantively identical but have different
`line numbers, the court refers to the '67 4 patent throughout unless indicated otherwise.
`
`3Claims 1, 46, 51, 55, and 76 of the '674 patent and claims 4, 22, 23, 28, 29, and
`55 of the '7 49 patent.
`
`2
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`HP_1034_0002
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 3 of 8 PageID #: 3795
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`activities of a business or enterprise can be grouped into processes. Processes are
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`business operations that are separated as desired and usually occur across business
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`units." (1 :24-26)
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`3. "Sub process:"4 "Step of a business operation." The specification explains
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`that "[t]he processes are comprised of sub-processes." (1 :28-29)
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`4. "Activity:"5 "Part of a step of a business operation." The specification
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`explains that "[e]ach sub-process may in turn be broken down into discrete activities
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`such as providing customer number, entering that customer number, establishing
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`pricing, determining a shipping date, etc." (1 :34-36)
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`5. "Original message:"6 "A message originating from a business process, sub
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`process, or activity carrying information for the execution of a business process, sub
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`process ,or activity." The specification explains that an original message is sent within
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`a process, sub process, or activity. (3:11-12) The original messages are "received by
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`the [messaging] broker." (3:58-59) In a certain embodiment, the "original messages
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`[pass] between the sub-processes." (3:60-61)
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`6. "Original message data:"7 "Data from the original message." The parties
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`agree on this construction.
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`4Claims 1, 46, 51, 70, and 71 of the '674 patent and claims 4, 22, and 56 of the
`'749 patent. The specification also uses "sub-process."
`
`5Claims 1, 46, and 70 of the '674 patent and claims 1 and 4 of the '749 patent.
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`6Claims 1, 46, 51, and 70 of the '674 patent and claims 1, 3, 4, 5, 22, 55, and 56
`of the '7 49 patent.
`
`7Claims 1, 46, 51, 52, 56, and 70 of the '674 patent and claims 1, 3, 4, 5, 22, 55,
`and 56 of the '7 49 patent.
`
`3
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`HP_1034_0003
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`
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 4 of 8 PageID #: 3796
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`7. "Part of said original message data."8 The court declines to construe this
`
`limitation, in light of the construction of "original message" and "original message data."9
`
`The specification provides examples of data, including "date, time, customer number,
`
`materials, quantity, amount, or other information .... " (3:15-17)
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`8. "Monitoring message:" 10 "A message distinct from an original message,
`
`created by the messaging component of a messaging broker that contains at least part
`
`of the original message data, where a messaging broker is communication software
`
`that performs at least message transformation and routing based on information in the
`
`message." The specification provides that "[f]or each original message sent within a
`
`process, sub-process or activity, the preferred embodiments of the present invention
`
`send a separate monitoring message containing data from the central message
`
`repository or database. . . . Other embodiments may add data to the monitoring
`
`message aside from that contained in the original message." 11 (3:11-19, 4:19-23) The
`
`parties agree that the messaging broker performs at least "transformation" and
`
`"routing." Defendants' additional requirements for the messaging broker are not
`
`8Claims 1, 46, and 51 of the '674 patent and claims 1, 55, and 56 of the '749
`patent.
`
`9Specifically, the court declines to add the limitation that the data must be
`"unchanged,'' as proposed by defendants. Having reviewed the portion of the
`prosecution history cited by the parties (D.I. 85, ex.Bat JA-161-63), the court
`concludes that the additional limitation is not warranted.
`
`10Claims 1, 46, 51, 56, and 70 of the '674 patent and claims 1, 22, 55, and 56 of
`the '7 49 patent.
`
`11 Plaintiff's proposal that a "messaging broker" may be hardware finds no support
`in the specification. Plaintiff cites only to an extrinsic document from April 2008 as
`support.
`
`4
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`HP_1034_0004
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`
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 5 of 8 PageID #: 3797
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`supported by the specification, which states that "[t]his messaging broker permits
`
`certain sophisticated messaging uses, such as message queuing, some data
`
`translation, etc." (3:53-54 (emphasis added))
`
`9. "Central message repository:" 12 "Database for storing monitoring
`
`messages from more than one process, sub-process, or activity." The specification
`
`states that "the terms 'repository' and 'database' are used interchangeably .... " (3:63-
`
`65) "The monitoring message with its data is then sent from the messaging broker to a
`
`central database repository or database .... " (3:61-65) Contrary to plaintiff's
`
`proposed construction and as explained by the specification, other data "aside from that
`
`contained in the original message" may be part of the monitoring message. 13 (3:17-19,
`
`4:22-23)
`
`10. "Providing, through a monitoring message, at least part of said original
`
`message data to a central message repository:" 14 "Sending, through a messaging
`
`broker, the monitoring message, with at least part of said original message data to a
`
`central message repository." This construction is supported by the specification which
`
`explains that the messaging broker creates a monitoring message and then sends it to
`
`12Claims 1, 2, 3, 4, 5, 6, 38, 46, 51, 55, 70, 75, and 76 of the '674 patent and
`claims 1, 22, 27, 28, 55, and 56 of the '749 patent.
`
`13Having reviewed the declaration in the reexamination file (D.I. 85, ex. Kat JA-
`546, 548), the court concludes that plaintiff did not "unmistakably disavow[] writing the
`monitoring message as records to a flat file or database during the reexamination."
`(D.I. 101 at 9). Therefore, the court declines to add defendants' proposed limitation
`regarding the format of the monitoring messages.
`
`14Claims 1, 46 and 51 of the '674 patent and claims 1, 55, and 56 of the '749
`patent.
`
`5
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`HP_1034_0005
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`
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 6 of 8 PageID #: 3798
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`the central database repository. (3:61-63, 4:16-19) While plaintiff argues that
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`construction of this limitation is unnecessary, the parties agree that the monitoring
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`message is created by the messaging component of a messaging broker and that the
`
`monitoring message is sent from the messaging broker to a central message repository.
`
`(See, D.I. 85, ex.Kat JA-582-583, Patent owner's response to final office action)
`
`Therefore, the action of "providing" in this claim limitation is performed "through a
`
`messaging broker" and the addition of such limitation to the construction is appropriate.
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`11. "Transaction record:" 15 "A record in the central message repository."
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`Defendants' additional limitation that such record "contains all of the monitoring
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`message data for a process" is not supported by the specification. The "transaction
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`record" is updated as "monitoring messages progress through any given process and/or
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`sub-process." (4:60-62) Only "[o]nce the monitoring messages complete the
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`transaction record, [is] all of the information needed to measure that transaction through
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`the process ... contained in one record in the central message database." (4:59-66)
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`Some embodiments provide real-time tracking of the progress of transaction records.
`
`(5:22-24)
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`12. "Orders:" 16 "Request to purchase, sell, or supply goods or to perform
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`work." The specification describes "taking orders and turning those orders into
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`revenue," as well as, monitoring pipeline capacity to "sell, trade or barter ... unused
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`capacity." (1 :27-28; 5:26-32)
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`15Claims 1, 46, 51, 57, and 70 of the '674 patent and claims 1, 2, 22, 55, and 56
`of the '7 49 patent.
`
`16Claim 44 and 82 of the '67 4 patent and claim 37 of the '7 49 patent.
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`6
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`HP_1034_0006
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`
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 7 of 8 PageID #: 3799
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`13. "Reviewing data collected in said transaction record." 17 The court
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`declines to construe this limitation. "Transaction record" is construed above.
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`14. "Reviewing said central message repository." 18 The court declines to
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`construe this limitation. "Central message repository" is construed above.
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`15. "Real time"/"real-time:" 19 "In a non-deferred manner." The specification
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`describes the use of "a 'real-time' tool[, which] may be used to track the progress of
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`transaction records and/or processes .... " (5:23-24)
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`16. "Transmitting said original message data from said first activity, via a
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`first monitoring message, to a central message repository:" 20 "Sending, through a
`
`messaging broker, the original message data from said first activity, via a first
`
`monitoring message, to a central message repository." "Transmitting said original
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`message data from said second activity, via a second monitoring message, to
`
`said central message repository:" 21 "Sending, through a messaging broker, the
`
`original message data from said second activity, via a second monitoring message, to
`
`said central message repository." "Transmitting said original message data from
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`said first sub process, via a first monitoring message, to a central message
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`17Claim 51 of the '674 patent and claim 2 of the '749 patent.
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`18Claims 75 and 76 of the '674 patent and claims 27 and 28 of the '749 patent.
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`19Claim 46 of the '67 4 patent and claim 29 of the '7 49 patent.
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`2°Claim 70 of the '67 4 patent. The court declines to construe "transmitting" in
`isolation as requested by the parties.
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`21 Claim 70 of the '674 patent.
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`7
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`HP_1034_0007
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`
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`Case 1:13-cv-00136-SLR Document 112 Filed 12/12/14 Page 8 of 8 PageID #: 3800
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`repository:" 22 "Sending, through a messaging broker, the original message data from
`
`said first sub process, via a first monitoring message, to a central message repository."
`
`"Transmitting said original message data from said second sub process, via a
`
`second monitoring message, to said central message repository:" 23 "Sending,
`
`through a messaging broker, the original message data from said second sub process,
`
`via a second monitoring message, to said central message repository." As with the
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`"providing" limitation above, the addition of the limitation "through a messaging broker"
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`is appropriate.
`
`17. "Secure basis:"24 "Access on an authorized basis." The parties agree to
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`this construction.
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`18. The court has provided a construction in quotes for the claim limitations at
`
`issue. The parties are expected to present the claim construction to the jury consistently
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`with any explanation or clarification herein provided by the court, even if such language
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`is not included within the quotes.
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`22Claim 22 of the '7 49 patent.
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`23Claim 22 of the '7 49 patent.
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`24Claim 38 of the '67 4 patent.
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`8
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`HP_1034_0008
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